Kanhaiya Nat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64446 of 2021 Arising Out of PS. Case No.-166 Year-2021 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.
KANHAIYA NAT S/O ANBIKA NAT R/o Rampur Nat Toli, P.S.- Sindhwaliya, District- Gopalganj 2.
Pinki Devi W/o Kanhaiya Nat R/o- Rampur Nat Toli, P.S.- Sindhwaliya, District- Gopalganj ... ... Petitioners.
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Yadav For the Opposite Party/s :
Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 10
Patna High Court CR. MISC. No.64446 of 2021(3) dt.30-06-2022 2/3 liters of country made liquor is said to have been recovered from the bush behind the house of the petitioner. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. They have been falsely implicated in this case at the instance of their enemy by planting the aforesaid recovery. There is violation of Section 100 Cr.P.C. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Petitioners are agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) each in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sidhwaliya P.S. Case No.166 of 2021, subject to the condition as laid down
Patna High Court CR. MISC. No.64446 of 2021(3) dt.30-06-2022 3/3 under Section 438 (2) of the Cr.P.C., subject to the further conditions that
(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) each in the account of Patna High Court Legal Services Committee, Patna. (Anjani Kumar Sharan, J) Trivedi/- U T